June 5, 2012 Minutes

TOWN OF PITTSFIELD
BOARD OF SELECTMEN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________

MEETING MINUTES OF TUESDAY, JUNE 5, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Linda Small (LS), Vice-Chairman,
Paul Rogers (PR), Gerard LeDuc (GL), Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Paul Richardson: I have a concern and I am unsure whether it is under the jurisdiction of the Board. There are two utility poles leaning substantially and both have transformers adhered to poles. One is on Carroll Street and one on Main Street. (PS) to contact the necessary parties.

AGENDA REVIEW

(GL) Town Hall Access; (LS) Non-Public; (PR) Non-Public – Employee, and Driveway on Crescent Street (State road.)

APPOINTMENTS

6:01 P.M.: Lenny Deane Re: Fire Department Staffing Protocol

(LK) Before we begin, I would like to thank you from the Board to your department and all the personnel. I know when you are called out at night that you are right there and we appreciate it.

Lenny Deane: Why I am here is that I have discussed this with Larry and I am really concerned and frustrated about the department morale, both full-time and part-time people. The morale is the lowest I have seen it in thirty years from my perspective. We had a meeting last night with members of the department and frankly many are thinking of leaving partially from the “gag order” that was placed on Town personnel and also the May 28th memo from Town Administrator regarding decorum. I took personal exception to this and so did other members. Most recently I was in the dentist’s chair when I received an E-mail on my phone regarding the hiring of an interim part-time fire chief.

Recently we had an open house for Chief Johnson’s leaving and dozens of citizens, fire chiefs from other towns, and others showed up but not one Board of Selectmen put in an appearance. Members from the previous Board were there but not the now Board members. There was no thank you note to him – nothing! You may not have agreed with him on several things but still there was no recognition of his services. This has also impacted morale. Members of the Fire Department get up in the middle of the night for the Town. I and they are concerned about the future of the Fire Department. It is really upsetting to me. I got a phone announcement regarding the Interim Fire Chief. I came to the Board and said that I would be willing to assume this position for 3-6 months and yet I heard nothing from the Town on this hiring. I have been Fire Chief, off and on, for over ten years and feel I am well-recognized but I am disappointed, angry, upset and feel betrayed the way this was done. Morale is at the lowest I have ever seen it and I am worried about getting people to respond. I was hoping to turn things around.

Members of the department had several questions and that is why I am here. These include not being appreciated, and is he going to work nights. There is no longer any trust for this Board. I have been in the Fire Department for 25 years and I would like to see it keep moving forward. We had 800 calls and the numbers are going up. These troops are truly the best call department in the area. I do not mean to take anything away from the new Interim Fire Chief, but it is just the way that he got here.

In prior years, the Fire Department has had say in the selection of the Fire Chief and they have a lot of questions. Good managers communicate. I communicate to my employees and they communicate to me.

(LK) We are very fortunate to have the Fire Department that we have. I thank you for all that you do. If there has been miscommunication, then we will work on it. I am all for communication among the departments.

(LS) A lot of the Fire Department members are here. Public safety impacts any decision that we make and is always important. You go out and risk your lives and take care of the community. You are always there when needed and we do not have to ask you. I very much appreciate that. Unfortunately the dollars get in the way and that is what this Board needs to do. By no means should any decisions or actions that this Board takes, or I take, meant to be harmful to you guys or take anything away. We are not trying to minimize the brevity of service you guys put out and I am very thankful for that service and you all need to know that. We have to make these financial decisions in these tough times and also balance the wonderful service you guys put out along with what we can afford to pay for. This should not be taken as anything more than that. I agree that since this Board has come on we have been defending ourselves and it has been really tough. It makes it tough to get from week to week and month to month and still do our jobs and keep everybody happy. So I am hoping communication does get better.

Lenny Deane: I agree there is not communication since the Board came on. I am hoping that the communication gets better. This has to be improved unless you guys want to go to fires. (LS) It is very difficult working through the politics. I am thankful you came forward and I want to thank you for coming.

6:09 P.M.: Maryellen Plante – Parks & Recreation Summer Staff (Pool)

Maryellen Plante: The reason I am here is to introduce the summer pool staff. She introduced the Senior Life Guard, Life Guards and/or Gatekeepers.

(LK) Have a great summer.

(PR) How is the dredging coming? Ms. Plante related that they thought that they had all the permits required but it has now been determined that an additional one is necessary and they are in the process of acquiring that though they have not had any call backs concerning this. It is hoped that the rain will stop and things will run according to schedule.

(LS) Thank you guys for your efforts. During the summer there are not a lot of things to do in Town, but the pool is great.

6:10 P.M.: Clayton Wood – Cable Consortium

Clayton Wood: I am here representing the Cable Advisory Committee and there are two items to discuss. One is that it is necessary that the Board again sign the Consortium Agreement (originally signed in September 2011) when there was ten members and now there are twelve. The second is the expenditures pertaining to the contract which originally was $900 is now at $1,804.39 and it is estimated the cost will be about $3,000 which would expire in 2013. The contract is 50+ pages and is an intense document. Joining the consortium was a way to get a legal review of the documents – every Town is at a different level of service. As Chair of the Committee, I recommend that Board signs the updated Agreement and stick with this even though the estimate is more. I did send it to Paul to review. (PS) noted it was basically the same as previously. (LS) Paul, do you have any other comments on the changes? (PS) My only comment is that there is no signature sheet for Pittsfield. (LK) Would Board like to approve this? (GL) noted that Pittsfield is not mentioned in the Agreement and until the changes have been made to include Pittsfield specifically, he would not recommend signing. (LK) Is there any deadline? Clayton Wood: Not that I am aware of.

(GL) Motion to table signing of the Cable Franchise Agreement with Metrocast until the changes have been made. (EN) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

1. Request from Frederick Hast Re: Application of Paid Building Permit Fee

(PS) Board has a letter from Fred Hast regarding a Building Permit that was obtained in November and never utilized and he is asking that the $24 be applied to a new permit that he is applying for. Board can revise original Permit or cancel previous Permit. (LK) Is this for a temporary garage that he had and the wind took it away? (Unknown) (GL) Jesse and I discussed this and according to
RSA 105.5, you have 180 days to act on a permit and the permit was not used. Also, if he is putting in a new structure, he needs a new Permit because of what is required. It is totally different. (LK) What is the cost for a Building Permit? (GL) $45. He also signed his own Permit. (PR) It is only for $24, transferring it over should not be a big deal. Let it be handled by the Building Inspector. Board agreed.

2. Inquiry from Edward Vien Re: Purchase of Town Property

Ed Vien: I know the Town is trying to get rid of tax deeded properties and this piece of property the Town has owned for twenty years. I am interested in it and would like to bid for the property. I requested this previously but was advised the Forrester was doing a study and should wait and now that has been completed and I am back again. The property is landlocked and as I said has been owned by the Town for twenty years. (PR) It abuts your property? Ed Vien: Yes. (LK) We can have Paul put it on the list.

3. Inquiry from Single Digits Re: Continuation of WiFi

(PS) We have received an E-Mail from Single Digits noting that they are offering to turn back on the existing network, Free of Charge, and continue to monitor for the next 12 months. Board had sent them a letter to discontinue services based on EDC request because of less than adequate revenue to offset the charges.
(GL) Did Single Digits do the review as requested? (LS) No. She suggested that, because the recommendation to cancel came from the EDC, we should sent Single Digit’s proposal to the EDC for commend/consideration. (A copy of the this E-Mail will be forwarded to Ted Mitchell.)

(GL) Motion to send this request to EDC for further review. (EN) Second. Carried 5-0.

4. Recruitment of Part-Time Police Officers

Chief Wharem was present. (LS) The last time we met we talked about advertising with LGC and Primex. We directed the Chief to advertise on the Primex and LGC websites. The LGC ad was not put on till June 4th. The PD is understaffed and Chief and Sargent have picked up a lot of additional hours. Paul, do you have any other suggestions or options to recruit more manpower? I am concerned for the safety of our officers. (PS) Have you considered sending options to neighboring department and/or adjusting the wage of the part-time police officer? (PR) A lot of part-timers work at the prison and must do mandatory overtime. (LK) I would like to see a little bit more incentive.

Chief Wharem: He indicated tht he had trouble posting to the LGC and didn’t do anything with Primex site right away.Going forward with changing the part-timers salary is a long term solution. They have to go through training and be certified. Most of the applications we have received are from uncertified individuals. I have reached out to three different departments but there are no responses. The officers work alone on Friday and Saturday nights. Part-timers do not want to miss out on working details where they can make additional money. I understand the position the Board took but an immediate fix would be to open up overtime to cover some shifts which are busy. The difficulty now is that there is no overlap. There is an issue with public safety and someone could get hurt with only one officer working. The Town is not seeing police cars around Town much. Currently, two officers are out on medical leave, one on administrative leave and one position is vacant. This is not the Board’s fault. Friday and Saturdays are the worst days and we have been able to utilize other town’s officers.

Chief Wharem: I did send notice to Channel 24 on May 24th and this was posted on June 2nd. I also put notice on Craig’s List and LGC. (LS) Do you have any problem doing what Paul has suggested? Chief Wharem: I have done that already. (LS) You are doing a salary assessment on part-time positions? Chief Wharem: I am working on it though it would not be quite accurate because we have people out. I would encourage Board to get details in place. I understand the dilemma the Board faces but my department is at an all-time low and the way morale is going as in the Fire Department, makes it difficult. Salaries have been affected at $21-22,000 per household. I am asking that the Board reconsider this.

(LK) We can discuss this further at a later date. Chief Wharem: The biggest issue is that the process can be slower than we want it to be.

6:50 P.M.

6. Fire Department Training

(LK) I have an E-Mail pertaining to a request for training for three new members of the Fire Department. Lenny Deane: The fall semester will be starting sooner than we think. Enrollment opens the week of the 12th and classes fill up quickly, therefore I requested the funding for this. Safety issues are always a concern and these three guys are active but cannot do anything because of training both for their safety and our safety. (LK) The total would be $1,950.

(LS) Motion to approve $1,950 for training of three new members of the Fire Department. (EN) Second. Carried 5-0.

5. Vehicle Usage Policy

(PS) This was misplaced on the Agenda and is not ready for discussion.

7. Town Hall Access

(GL) Sunday while out walking, I noticed that Fred Hast was in the Town Hall. Does he have a key? (LS) Paul, would you look into that? (PS) The purpose of rekeying the front door was so that we would have control of the number of keys.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Administrative Plan for 2012 Budget Stabilization Pending

2. Policy for Access to town Property Draft Pending

NEW BUSINESS – CONTINUED

8. Review Bids on Town Property

(PS) We have several bids. (LK) opened the bids (3).

Adam Ward 4 Franklin Street $15,000
(No deposit check enclosed.)

Don Redman 4 Franklin Street $10,280
(Deposit check enclosed – 10 %.)

Paul Rogers (PR) recused himself and was seated in the audience. (6:50 P.M.)

Paul Rogers 36 Loudon Road $26,000
(Deposit check enclosed – 10%)

(PS) There is no contingency with Loudon Road property but there is an issue as far as contents with the Franklin Street property. Board may want to contact Mr. Ward should he want anything. (EN) George has already been there and several items have already been removed.

(EN) Motion to approve bid for Adam Ward, 4 Franklin Street, for $15,000.
(GL) Second.

Since there was not a deposit check enclosed with the bid, motion was modified to

(EN) Motion to approve bid for Adam Ward, 4 Franklin Street, for $15,000 contingent upon receipt of deposit. (GL) Second. Carried 3-0. (LK) Abstain.

(EN) Motion to approve bid for Paul Rogers, 36 Loudon Road, for $26,000.
(GL) Second. Carried 4-0.

Paul Rogers (PR) returned and was seated on the Board.

(EN) Can we put out the other two for bid and add the property as requested by
Ed Vien as well as other vacant properties. Board agreed.

APPOINTMENTS – Continued

7:00 P.M.: John DeSilva

John DeSilva was present. (LK) Board has requested you to appear to discuss tentative date of beginning employment. What is your timeframe?

Mr. DeSilva: I would like to start the week beginning July 7th, at three eight hour days.

Board opened up Public Input with Mr. DeSilva.

Lenny Deane: I have several questions. I am concerned where I and the other officers fit in. There is also a question of training, nights and weekend calls as well as end of shift since he is going to be here for 32 hours a week.

Mr. DeSilva: I have not been hired as a hired gun. I am not coming in with marching orders, but rather to increase morale and provide a general assessment of the Fire Department overall. I have an open door policy. I am here to be the Fire Chief. Your question about the 32 hours – it will either be four seven hour days or three eight hour days. I will need that buffer in case I am needed. I am not looking to be sitting in an ambulance.

Lenny Deane: What about inspections – and we have some “good” inspections coming up. Mr. DeSilva related that he would be involved in these inspections and in the past all his prior inspections have been upheld by the Court when protested.

(PR) Motion to approve John DeSilva starting as Fire Chief on July 9, 2012.
(LS) Second. Carried 5-0.

ACTION ITEMS Continued

9. Planning Board Chairman – Request to Meet

(PS) We can put this on the next Agenda. (LK) I do not see why this Board needs copies of all LGC correspondence to Planning Board. (PS) Board can review and we can address at the next meeting.

(LK) Chief Wharem, I would like to thank you for all the extra time you and your officers have provided. Chief Wharem: You’re welcome.

APPLICATIONS AND WARRANTS

(LS) Motion to approve Accounts Payable and Checks Register. (PR) Second. Carried 5-0.

(LS) Motion to approve Payroll and Direct Deposit. (PR) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of May 22, 2012

(GL) Motion to approve Public Session Minutes of May 22, 2012 with corrections. (LS) Second. Carried 4-0. (EN) Abstain.

Corrections:

Page 4, Paragraph 4, Last Line add: Board directed Chief to advertise on Primex and LGC.

Page 10, Paragraph 3 (Rob Freese), should read: Rob Freese: The cost of the fleet details, do you have a copy of it? (PR) Yes, a copy of the 2011 special details accounting was provided. Rob Freese: I believe there was about $80,000 worth of revenue that came in for these details; details bring in money. (LS) I intend on putting together a Warrant Article for budget year 2013 to make it clear and to ensure that we do not have a similar problem in the future. It is noted that $23,000….

2. Non-Public Session May 22, 2012.

None.

PUBLIC INPUT

Edward Vien: The Cable Consortium Agreement. This was brought in to the Board last fall and now the cost has doubled. When I turn on my TV what am I going to get for this added expense? (PS) That is a question for Clayton. Edward Vien: Could you please ask him. I am against any automatic fees to the ratepayer unless there is a vote on it.

Secondly, does the Board plan to advertise for a full-time fire chief? (LK) Not at this time. Edward Vien: It was the will of the people to have a full-time fire chief. (LK) We have not gotten to that part yet.

Mike Wolfe: The new “interim” fire chief – why did it go from $25 an hour to $28 an hour? As a taxpayer, why should we spend $28 which is more per hour? The Board has now appointed two interim chiefs – has one quit? (PS) The Board appointed Lenny Deane as Acting Chief ($25) and the Board has now hired an Interim Part-Time Fire Chief and his compensation is $28 per hour. I think the Board has gone through the process of doing this as Mr. Deane said he did not intend being the long term chief. Continuing that way would run contrary to hiring a full-time fire chief. Board understands and wanted to retain John DeSilva on an interim basis and move forward.

Mike Wolfe: Now you have no reason to hire a permanent chief. I am concerned that he has no connection to the Town of Pittsfield. I am very concerned and do not want to see it put off hiring a permanent chief. He was just appointed and there is no limit as to how long he is being hired for. He may be the best guy out there, I do not know. Morale is at an all-time low. The Board did not make one attempt to contact anyone at the Fire Department. The full-time people are banned from coming to meetings. The ambulance is right outside the door and if they have to leave they can. As a taxpayer they should be able to come to a meeting on duty or not. Chief Wharem comes to meeting in civilian clothes and you ask him questions pertaining to Police Department, if I were him I would not answer. The Fire Department is here to serve the Town of Pittsfield and I would always do that in a heartbeat. I would like to see a little more consideration given to us.

Pat Heffernan: What is the Board’s logic in the ambulance people not coming to meetings? (PS) The logic is that any full-time staff member on duty at a Board meeting would not be in the best interest of the public. Board felt these individuals should be at the work place. On duty personnel should be at the jobsite.

Pat Heffernan: By sitting here, the Fire Department would not fall apart. If a call comes in, you would see them rush out in a flash. I would take a look at that policy and rescind it. The Board is not in a hurry to hire a full-time fire chief – Why? (LK) We have filled other positions of Building Inspector and Town Administrator as necessary. On the same night as Lenny Deane volunteered to serve as temporary Fire Chief, we also had an appointment with MRI and Mr. DeSilva. Pat Heffernan: What are you going to do about hiring a full-time fire chief? (LK) Board has not discussed that yet, but will in the near future. Please give us a chance. Paul, could you please put that under Old Business on the Agenda.

Joey Darrah: How did he find out about the fire chief position? (LS) He contacted me and I told him to contact Larry and he did. He sent in a resume to us.

Rob Freese: I have a question for Paul. After listening to the arguments, How do you justify going from one part-time chief to another part-time chief. We have a person who has been in Town for 20 years. How do you justify this? (LS) Because Mr. Deane did not want the position on a long term basis. He wanted for town to hire someone sooner rather than later and we respected that. (LK) Lenny Deane even said 10-12 hours. Lenny Deane: For 3-6 months. I was angry because of the way that I got the E-Mail about the new Interim Fire Chief. (PS) That was when I got the first notification. Lenny Deane: You should have called me. (PS) I cannot explain the reaction that people had. I think the Board genuinely understood your preference for not being Chief on a full-time basis. You said 3-6 months; well it has almost been two months since you accepted the position.

Rob Freese: He does not even live in Town. Is he not going to work nights?
(PS) If there is a concern of the public that Chief will not be in Town, Board can address. Rob Freese: Isn’t that a reduction in services? (PS) I guess that would depend on how you evaluate it. We have a reduction in services now. Rob Freese: Did anyone offer the current Chief 32 hours? (PS) We took Lenny Deane at his word. Rob Freese: How did he contact you? (LS) He contacted me. Rob Freese: How? (LS) In church. Rob Freese: And you did not recuse yourself? (LS) I had nothing to gain by his hiring.

Eileen Legg: I am very concerned about this Board’s protocol. From my understanding, things need to be conducted here and public be informed prior to the decision being made. I am not quite sure how one person has been approved to work for the Town and then another one is hired. (LK) We had an employee interview in Non-Public Session – he requested this – and then hired him in Public Session.

Eileen Legg: We went through the process to hire him (Lenny Deane) realizing he was not to be a full-time individual and already an interim person comes in and is hired. I do not understand how you have one person on hand and then bring someone else in – Why were you considering looking when you had a person to fill the position? You do not understand and follow protocol? Maybe you should have discussed this with the person you have already hired. This Board’s protocol this last month has been extremely disappointing. It is not a positive Board that really takes care of the Town.

Bill Brown: I have another issue regarding a hot dog trailer that would be at Maxfield’s. I have met with the Police Chief, have all the necessary State licenses and have been advised that I might need a variance. I had wanted to expedite it as summer is fleeting and I am looking for some direction. I spoke with the Building Inspector and he said it would be up to the Board of Selectmen. Board suggested that he might want to contact the Zoning Board Chair and/or the Planning Board Chair. (LK) Just get a hold of the Building Inspector and he can help you.

Laurie Wharem: I have listened to everything that has been said tonight. None of you guys showed up for the open house for Chief Johnson. No one asked him if he would stay longer and at more money. That was a slap in the face. Would he have taken $25 an hour? How do you justify hiring Mr. DeSilva at $3 more per hour? What makes him so special? (LK) The way I took it was that Lenny was going to help us and we did not want to take advantage of that. Laurie Wharem: Did you ever talk to Lenny about it? (LK) The appointment with Mr. DeSilva was the same night we talked with Lenny. Laurie Wharem: Did you talk to him before that? You are asking for more communication with employees when you do not communicate. (LK) The situation came on fast. We are very thankful for Lenny Deane’s suggestion, but he made it very clear he did not want it long term.

Laurie Wharem: Still, we do not have a full-time fire chief. (LS) We made the decision with the information we had. We hire all personnel with the information we have. Laurie Wharem: Are we going to look for a full-time chief? (LK) The Board has not discussed this yet. Laurie Wharem: We lost Chief Johnson how long ago? (LK) About a month ago.

Mike Wolfe: For clarification, this happened fast, but Chief Johnson gave three to four week’s notice. The Board never did anything thing until Lenny initiated the conversation. Board made no attempt to inquire about a full-time chief until Lenny Deane came to you. Your body language is saying something that I could not even repeat in public. You need to listen to the Fire Department. From my perspective, when the going gets tough …only applies to non-elected positions. It is a big role to fill and I feel you are looking down your noses at us.

Bob Legg: These guys are right. I am only the Fire Department Photographer. These guys are volunteers and they risk their lives for us and you do not risk your lives for us. Board noted that this has already been covered.

Break: 8:00 P.M. Resume 8:07 P.M.

Lenny Deane: Thanks to the Board for listening. There are a lot of concerns and I tried to tell them to keep their emotions at the door. You should have posted Interim Fire Chief position and it is questioned why you did not do that. You post other part-time jobs and you should also have posted this one. When I spoke to you about the position, I also said until the full time fire chief position was filled.

Carroll Gilman: Am I hearing right that Loudon Road back taxes are $48,000? Why? How did this happen? (PS) People do not pay their taxes and Town can do nothing until three years has passed and during that time the taxes and interest has accumulated and just keeps increasing. Carroll Gilman: I was just wondering if someone was not watching.

Carroll Gilman: It is sad what went on tonight. I know Lenny said he is busy and only has a small period of time. We are all busy and only have a little time. Lenny lives in Town. I am disturbed about the whole thing. Lenny Deane could get the personnel morale back up to where it should be. I live in Town as does Lenny. Volunteers have served the Town well. Even with the Police Department, we have not had a lot of warm weather yet, but when it warmer and people are out more, it may be a problem with more crime. We pay a lot of taxes and get fewer services.

Carroll Gilman: We need for the Board of Selectmen to really be involved. The five of you are new now but you really need to get involved. (LS) We did the best we could with the Fire Chief. Carroll Gilman: Anyone can say anything on a resume. You had the best guy.

Colleen Laro: I would like to make a comment. I think everyone here understands why we are all so concerned. At my job no one asked my opinion about a position that directly affects me. I am sorry that all you guys have to take all the heat.

Mike Wolfe: I appreciate you are doing it because you care and we are doing it because we care. (LS) Just because we are a little guarded, we are not looking down our noses at you.

(LK) Thank you all. This is a great community and we will all get through it.

Pete: You guys have a “……” job. We need to all work together. Everybody knows everybody in the fire services so cut the crap and get along.

Break 8:21 P.M. Resume 8:25 P.M.

NON-PUBLIC SESSION

(PR) Motion to go into Non-Public Session per RSA 91-A:3 II (a). (EN) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:26 P.M.

Board returned to Public Session at 8:43 P.M.

(GL) Motion to seal Non-Public Session Minutes of June 5, 2012. (LS) Second. Carried 5-0.

OTHER

For the next meeting, the air conditioner will be installed in the window in the large conference room by Eric Nillson. He is requesting that a letter of thank you be sent to Timothy Mills who repaired the air conditioner for Town.

ADJOURNMENT

(PR) Motion to adjourn. (EN) Second. Carried 5-0.

Meeting adjourned at 8:45 P.M.

Approved: June 19, 2012

______________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on June 5, 2012, transcribed and publicly posted on
June 7, 2012.

__________________________________________
Delores A. Fritz, Recording Secretary

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